no word if arias herself will testify. she recently commented she would prefer the death penalty to life in prison. >> department of justice is under fire for swiping associated press records. now we are learning the department wanted to spy on several thousand americans last year. this according to a letter the department of justice recently sent to senate majority leader harry reid. they made 15,000 requests for electronic surveillance. they don't specify how many were actually granted. >> if you didn't buy a ticket you still have a chance to be a multi millionaire. the jackpot now even higher. no one won last night's power ball and that sends it soaring to $475 million. they were 2, 11, 26, 34, 41 and the power ball 32. the next drawing is saturday and that 450 million jackpot is the second largest in power ball history. >> 13 after the hour. we have a lot more fox and friends first. still ahead. the acting commissioner of the irs stepping down after he is accused of targeting conservative groups. he was going to resign